ACT No. XXVIII of 2021 AN ACT to further amend the Criminal Code, Cap. 9.

I assent.

(L.S.)

GEORGE VELLA

President

4th June, 2021

ACT No. XXVIII of 2021

AN ACT to further amend the Criminal Code, Cap. 9.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Criminal Code (Amendment Short title.

No. 5) Act, 2021 and this Act shall be read and construed as one with

the Criminal Code, hereinafter referred to as "the Code".

In sub-article (2) of article 30 of the Code, immediately after Amendment of

the words "after hearing the" there shall be added the words "Attorney article

Code.

General or".

In Title I of Book Second of the Code, immediately after the Amendment of

words "and duties of the" there shall be added the words "Attorney Title

Second of the

General and the".

Code.

Immediately after article 347 of the Code there shall be added Addition of new

article to the

Code.

the following new article

347A. Without prejudice to the two preceding articles,

Attorney General shall have the following functions

and powers

(a) to delegate to the Commissioner of Police

prosecutorial functions vested in the Attorney

General; and

(b) notwithstanding anything provided in any

other law, and in his discretion, to prosecute any

offence, alone or together with the Executive Police

or together with any other authority having

prosecution powers.".

In sub-article (1) of article 350 of the Code, immediately after

the definition "appropriate consent" there shall be added the following

" "Attorney General" shall have the same meaning as

assigned to it in article 2 of the Attorney General

Ordinance and includes the Deputy Attorney General and

other officers of the Attorney General.".

Article 375 of the Code shall be substituted by the following

375. In proceedings instituted by the Attorney

General or the Executive Police, the following provisions

shall apply

(a) the accused shall appear personally. He

may, however, be assisted by advocates or legal

procurators;

(b) in the case of contraventions, the

provisions of paragraph (b) of the last preceding

article shall apply as regards the accused;

(c) the Attorney General or the officer of

the Executive Police in charge of the prosecution

and the accused or his advocate or legal procurator

shall be heard in the order set out in paragraph (i) of

the last preceding article;

(d) it shall be lawful for the court to require

that the charges be read out by the Attorney General

or the officer of the Executive Police and the report

is confirmed on oath by the officer of the Executive

Police;

(e)

the accused may cross-examine the said

officer.".

Sub-article (1) of article 390 of the Code shall be substituted Amendment of

article 390 of

by the following new sub-article

the Code.

"(1) The court shall hear the charges read by the Attorney

General or the officer of the Executive Police and the report of

the Police officer on oath, shall examine, without oath the party

accused and shall hear the evidence in support of the charges

read. Everything shall be reduced to writing.".

In sub-article (3) of article 397 of the Code, immediately after Amendment of

the words "at the request of" there shall be added the words "the article

the Code.

Attorney General or".

Sub-article (5) of article 405 of the Code shall be substituted Amendment of

article 405 of

by the following new sub-article

the Code.

"(5) The provisions of the preceding sub-articles of this

article shall apply in the case of witnesses whom the accused

may wish to examine or re-examine. In such case, the demand

shall be communicated to the Attorney General who, not later

than the day following, shall forward to the court the record of

inquiry. The court shall then cause the Attorney General or the

Commissioner of Police to be notified of the day appointed for

the hearing of the witnesses in order that they or any other officer

under their charge may if they so desire, appear and cross-

examine the witnesses.".

In sub-article (1) of article 410 of the Code, immediately after Amendment of

the words "instituted by the" there shall be added the words "Attorney article

the Code.

General or by the".

In sub-article (1) of article 412A of the Code, immediately Amendment of

after the words "is not in custody" there shall be added the words "the article

the Code.

Attorney General or the".

Sub-article (1) of article 430 of the Code shall be substituted Amendment of

article 430 of

by the following new sub-article

the Code.

"(1) The Attorney General may, along with the Executive

Police, prosecute before the Court of Magistrates, and shall be

the prosecutor before the Criminal Court.".

In sub-article (3) of article 517 of the Code, immediately after Amendment of

the words "If the" there shall be added the words "Attorney General or article

the Code.

the".

In sub-article (1) of article 533 of the Code, immediately after

the words "proceedings instituted by" there shall be added the words

"the Attorney General or by the".

In sub-article (2) of article 550 of the Code, immediately after

the words "shall be lawful for the" there shall be added the words

"Attorney General or the".

In sub-article (4) of article 597 of the Code, the words "the

report of the Police officer" shall be substituted by the words "the

charges being read".

Passed by the House of Representatives at Sitting No. 467 of the

31st May, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54